Retired LE Bill Changes S 1132

This is a discussion on Retired LE Bill Changes S 1132 within the Concealed Carry Discussion forums, part of the Main Category category; I hope this sheds some light on the subject of Statuatory powers of Arrest and info On MP's
The job ...

JOB DESCRIPTION
The Patrolman position is responsible for the safety and protection of all persons, both employees and passnegers of Amtrak, and the protection of property from damage or loss. Police Officers enforce all federal, state and local laws, prevent crime, preserve peace, resolve disputes, apprehend offenders and investigate incidents to prevent re-occurence and limit corporate liability. The incumbent will perform patrol related duties and respond to calls for service and assistance, identify hazards and pro-actively act to protect employees and the public

SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Law Enforcement Officers Safety Act Improvements Act of 2010’.
SEC. 2. AMENDMENTS TO LAW ENFORCEMENT OFFICER SAFETY PROVISIONS OF TITLE 18.
(a) In General- Section 926B of title 18, United States Code, is amended--
(1) in subsection (c)(3), by inserting ‘which could result in suspension or loss of police powers’ after ‘agency’; and
(2) by adding at the end the following:
‘(f) For the purposes of this section, a law enforcement officer of the Amtrak Police Department, a law enforcement officer of the Federal Reserve, or a law enforcement or police officer of the executive branch of the Federal Government qualifies as an employee of a governmental agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest.’

(i) in subparagraph (A), by striking ‘retired’ and inserting ‘separated’; and
(ii) in subparagraph (B), by striking ‘that indicates’ and all that follows through the period and inserting ‘or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met--
‘(I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or
‘(II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the SAME TYPE as the concealed firearm.’

(3) by striking subsection (e) and inserting the following:
‘(e) As used in this section--
‘(1) the term ‘firearm’--
‘(A) except as provided in this paragraph, has the same meaning as in section 921 of this title;
‘(B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
‘(C) does not include--
‘(i) any machinegun (as defined in section 5845 of the National Firearms Act);
‘(ii) any firearm silencer (as defined in section 921 of this title); and
‘(iii) any destructive device (as defined in section 921 of this title); and
‘(2) the term ‘service with a public agency as a law enforcement officer’ includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.

If you say to yourself; “ Where does it say Military Police”, then you should also ask yourself, Where does it say Immigration and Customs Protection or Federal Protective Service.
The Answer is: IT DOESN’T! It says Department of Homeland Security. CBP and ICE fall under DHS just like Military Police falls under DoD.

http://www.fleta.gov/accreditation/accredited-academies.html

A Police Officer is employed in most cases by federal, state/provincial or municipal governments and has the responsibility (or duty) of enforcing federal, state/provincial laws along with municipal/city ordinances.
It is not the responsibility of the Police Officer to interpret the laws and ordinances as he/she see’s fit, but how it was written and its intention.

There are arguments of Martial Law and the Posse Comitatus Act. Martial Law,
In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. On October 1, 2002 United States Northern Command was established to provide command and control of Department of Defense homeland defense efforts and to coordinate defense support of civil authorities.

Posse Comitatus Act
pos · se co · mi · ta · tus ( pos׳ē kom׳i tä׳t∂s, -tā׳-), n.
the body of persons that a peace officer of a country is empowered to call upon for assistance in preserving the peace, making arrests, and serving writs.
A body of men and women so called into service.

Exceptions to Posse Comitatus
The listed exceptions below are not all-encompassing, but highlight the main exceptions when the military is authorized to provide assistance to civilian law enforcement authorities without violating the PCA. These exceptions to the PCA include: military purpose doctrine; riot, insurrection or lawlessness; emergency authority; disaster relief; drug interdiction; emergency situations involving chemical or biological weapons of mass destruction.

Just FYI, Congress Makes the UCMJ, and civilian laws as well.
Also understand that 1500 MP are working on the border performing law enforcement and Intelligence analyst today to assist with drug Smuggling on the border and Homeland security and the department of defense are footing the bill, each department is giving half for the mission.

Unless covered under the exceptions, it is unlawful to openly carry on or about the person any firearm, or to carry a concealed firearm on or about the person without a license.

Exceptions:

•Persons having firearms at their home or place of business.

•Enrolled members of clubs organized for target, skeet, or trapshooting, while at, or going to or from shooting practice.
•Members of clubs organized for collecting antique or modern firearms while at or going to or from exhibitions.

•Persons engaged in fishing, camping or hunting and while going to or from such activity.

•Persons engaged in target shooting under safe conditions and in a safe place or while going to or from such place.

•Persons who are firing weapons for target practice in a safe and secure indoor range.

•Persons traveling by private conveyance if the weapon is securely encased, or in a public conveyance if the weapon is securely encased and not in the person’s manual possession.
•Persons carrying a pistol unloaded and in a secure wrapper from place of purchase to their home or to a place of repair and back.

•Persons engaged in the business of manufacturing, repairing or dealing in firearms.

•Military, law enforcement personnel and private guards while so employed.
It is lawful to possess a concealed firearm for self-defense or other lawful purposes within the interior of a private conveyance, without a license, if the firearm is securely encased or is otherwise not readily accessible for immediate use.

A firearm other than a handgun may be carried anywhere in a private conveyance when such firearm is being carried for a lawful use.

This exemption does not authorize the carrying of a firearm concealed on the person.

An application for a license to carry a handgun concealed is made to the Department of Agriculture. The license is valid for five years and is honored throughout the state. The application shall be completed, under oath, on a form promulgated by the Department of Agriculture and shall include the applicant's name, address, place and date of birth, race, and occupation.

(i) in subparagraph (A), by striking ‘retired’ and inserting ‘separated’; and
(ii) in subparagraph (B), by striking ‘that indicates’ and all that follows through the period and inserting ‘or by a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State that indicates that the individual has, not less than 1 year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the State or a certified firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that State to have met--
‘(I) the active duty standards for qualification in firearms training, as established by the State, to carry a firearm of the same type as the concealed firearm; or
‘(II) if the State has not established such standards, standards set by any law enforcement agency within that State to carry a firearm of the SAME TYPE as the concealed firearm.’

(3) by striking subsection (e) and inserting the following:
‘(e) As used in this section--
‘(1) the term ‘firearm’--
‘(A) except as provided in this paragraph, has the same meaning as in section 921 of this title;
‘(B) includes ammunition not expressly prohibited by Federal law or subject to the provisions of the National Firearms Act; and
‘(C) does not include--
‘(i) any machinegun (as defined in section 5845 of the National Firearms Act);
‘(ii) any firearm silencer (as defined in section 921 of this title); and
‘(iii) any destructive device (as defined in section 921 of this title); and
‘(2) the term ‘service with a public agency as a law enforcement officer’ includes service as a law enforcement officer of the Amtrak Police Department, service as a law enforcement officer of the Federal Reserve, or service as a law enforcement or police officer of the executive branch of the Federal Government.’.

If you say to yourself; “ Where does it say Military Police”, then you should also ask yourself, Where does it say Immigration and Customs Protection or Federal Protective Service.
The Answer is: IT DOESN’T! It says Department of Homeland Security. CBP and ICE fall under DHS just like Military Police falls under DoD. Accredited Academies &mdash; Federal Law Enforcement Training Accreditation
A Police Officer is employed in most cases by federal, state/provincial or municipal governments and has the responsibility (or duty) of enforcing federal, state/provincial laws along with municipal/city ordinances.
It is not the responsibility of the Police Officer to interpret the laws and ordinances as he/she see’s fit, but how it was written and its intention.

There are arguments of Martial Law and the Posse Comitatus Act.
Martial Law,
In United States law, martial law is limited by several court decisions that were handed down between the American Civil War and World War II. In 1878, Congress passed the Posse Comitatus Act, which forbids military involvement in domestic law enforcement without congressional approval. On October 1, 2002 United States Northern Command was established to provide command and control of Department of Defense homeland defense efforts and to coordinate defense support of civil authorities.

Posse Comitatus Act
pos · se co · mi · ta · tus ( pos׳ē kom׳i tä׳t∂s, -tā׳-), n.
the body of persons that a peace officer of a country is empowered to call upon for assistance in preserving the peace, making arrests, and serving writs.
A body of men and women so called into service.
Exceptions to Posse Comitatus
The listed exceptions below are not all-encompassing, but highlight the main exceptions when the military is authorized to provide assistance to civilian law enforcement authorities without violating the PCA. These exceptions to the PCA include: military purpose doctrine; riot, insurrection or lawlessness; emergency authority; disaster relief; drug interdiction; emergency situations involving chemical or biological weapons of mass destruction.
The Link below will help Local Police Departments understand the use of Military Law Enforcement and its roles both foreign and domestic.http://info.publicintelligence.net/C...CAHandbook.pdfhttp://info.publicintelligence.net/L...CAHandbook.pdf

Military Police can ONLY carry a weapon WHILE ON DUTY, or PERFORMING duties under Posse Comitus. They can NOT carry under HR 218.

Civilian military police directly working for DOD does fall under HR218, but NOT the new police forces that are NOW working under the Departments of the Navy, Air Force, and Army.

They do NOT issue them POLICE OFFICER IDENTIFICATION. All they get is a plain ID card with their name on it.

ALL police under the Executive Branch authorized under HR 218 either carry Federal Credentials or a picture ID card that states POLICE OFFICER.

The Air and Army National Guardsmen working on the border mission(s) are NOT armed unless actively working a 4 man fixed sureveillance post. They are NOT allowed to leave that spot, or take ANY action on those posts unless they are approached or attacked. They are there to watch for activity and call it in to U.S. Border patrol.

It is not the responsibility of the Police Officer to interpret the laws and ordinances as he/she see’s fit, but how it was written and its intention.

As far as credentials go you Stated "ALL police under the Executive Branch authorized under HR 218 eithercarry Federal Credentials or a picture ID card that states POLICE OFFICER."

Two things, (1) When an MP (US ARMY) graduates from Military Police Basic Course which has been found by several states to be equivalent to Federal Officer training, not only by the respective state but also by Accredited Academies &mdash; Federal Law Enforcement Training Accreditation , he/she takes an oath to protect this country from enemies both foreign and domestic again (Covers the Sworn in Part).

(2) It is not the responsibility of the Police Officer to interpret the laws and ordinances as he/she see’s fit, but how it was written and its intention.
If the words were not clearly identified in the bill that was passed stating "Civilian military police directly working for DOD does fall under HR218, but NOT the new police forces that are NOW working under the Departments of the Navy, Air Force, and Army." then we as professionals should not assume, but inquire to the facts.
Please remember, Military personell are paid 24 hours a day, thus never being off of work or the clock, just on a break.

"They do NOT issue them POLICE OFFICER IDENTIFICATION. All they get is a plain ID card with their name on it.
ALL police under the Executive Branch authorized under HR 218 either carry Federal Credentials or a picture ID card that states POLICE OFFICER."

Since either or will do, please read below.

US Army issues a DOD IDentification card and a secondary ID that must be on your person at all times stating your employer.
The info on the Form tells a a Police Officer( If Pulled Over In a military vehicle while wearing CIvilian clothing)the Unit of assignment and position. DA form 5984-E. Its says who you work for on the Official IDentification card issued By the The United States Army Military Police Company/Battalion/Brigade.

CASE IN POINT DOJ Correctional officers: They are not issued Badges but carry an ID card with their name, who they work for , Date of issue and serial number.

Many states DO accept military police training for use in bypassing their states full academy and allows the person to take the abbreviated course and the challenge test for the state's LEO requirement, but it does NOT give them acception under HR218 until hired by and currently employed by a police agency.

The DOD police wear patches that state "DOD POLICE" the new police forces under each branch do not.

Is the seconday ID an actual ID or a paper form? If it is a paper form and does not contain the owners picture, name, and the words "Police Officer" then it is not meeting HR 218 d) "The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer."

Even though I am retired from both a civilian and military police agency and am currently employed by a police agency under the executive branch I still posses an in state and out of state CCW "just in case".

I am sure it is going to take a test case concerning what you are proposing to make a difinitve answer to this question.

I notice you live in Florida?? If so get a FL CCW if you don't have one already. It gives you Concealed Carry rights in every state except the ones you probably don't want to visit anyway.